L[aw]rd's Lair

FACTS: Petitioner is a duly licensed retailer and wholesaler of scrap iron in Davao City using the business name Dunlao Enterprise. Fortunato Mariquit and Carlito Catog, both employees of Lourdes Farms, were instructed by its proprietor, Mrs. Lourdes Du, to go to petitioners premises together with police officers Pfc. Epifanio Sesaldo and Pat. Alfredo Ancajas to verify information received that some farrowing crates and G.I. pipes stolen from Lourdes Farms were to be found thereat. Upon arrival at petitioners compound, the group saw the farrowing crates and pipes inside the compound. After he was informed by the police operatives that said pipes were owned by Lourdes Farms and had been stolen from it, petitioner voluntarily surrendered the items. These were then taken to the police station. Dunlap was found guilty. Petitioner then appealed his conviction to the Court of Appeals. On May 10, 1993, the appellate court promulgated its decision affirming the judgment of the trial court. He...

FACTS: Charged with and convicted on a plea of guilty, in the Court of First Instance of Lanao del Norte, Branch IV in Iligan City, for the crime of cattle rustling, Saglala Macatanda. From the judgment of conviction, Saglala Macatanda (hereinafter referred to as appellant) appealed direct to this Court. The Solicitor General comes up with a reply that Article 64 of the Revised Penal Code does not apply to penalties prescribed by special laws. He considers P.D. 533, otherwise known as "Anti- Cattle Rustling Law of 1974" as a special law, and in accordance with existing rulings, 8 the penalty should not be governed by the Revised Penal Code. ISSUE: Whether the contention of the Solicitor-General is valid. RULING: The court do not agree with the Solicitor General that P.D. 533 is a special law, entirely distinct from and unrelated to the Revised Penal Code. From the nature of the penalty imposed which is in terms of the classification and duration of penalties as prescribe...

FACTS: Defendant was charged with the crime of libel. Upon said complaint the defendant was duly arraigned. Upon arraignment the defendant, by his attorneys, presented the following demurrer:I. The facts alleged in the complaint do not constitute a crime. II. It appears from the allegation in the complaint that if there were a crime it has prescribed. With reference to the second ground, counsel for the defense maintains that the crime has prescribed under the provisions of the laws in force in the Islands and supports such conclusion by asserting that in the absence of a definite provision in Act No. 277 of the Philippine Commission, which fixes the time during which the penal action arising from the crime of libel may be exercised, the time which article 131 of the Penal Code fixes for the prescription of the crimes of calumny and insults is strictly applicable. Against this contention of the defense, the Attorney-General and the private prosecutor maint...

Facts: Apolonia Aramburo, then in the early bloom of her youth, she was allegedly detained by the accused in his 2m. x 3m. dwelling for about two weeks, and there raped every night while his wife, at one time, watched with amusement. This is the version of the prosecution. Thus by reason of the evidence presented by the prosecution, which the trial court pronounced to be credible, accused PABLO LACTAO was found guilty of the crime of rape with serious illegal detention. He is now before us insisting on his innocence. The accused on the other hand asseverated the he never raped nor had sexual intercourse with Apolonia before or after 15 April 1979. He was merely accused of raping Apolonia because he failed to leave the land of Gabriel Aramburo, father of Apolonia and Avelina. Issue: Is there a complex crime of rape with serious illegal detention? Ruling: It may be worth to mention at the outset that there is no complex crime of rape with serious illegal detention. If the p...

Facts: Provincial Prosecutor accuses Edgar Bacalso of the crime of Double murder with Frustrated Murder. It was alleged that the accused killed Artemio Cariit, Remelie Cariit  and Jerry Cariit by throwing a hand-grenade at said victims, thereby inflicting upon them multiple mortal wounds which were the direct and immediate cause of the deaths of said Artemio Cariit and Remelie Cariit and the serious wounding of said Jerry Cariit as a result of said explosion, which is contrary to law and in violation of Article 248 of the Revised Penal Code. Arraigned, the accused, assisted by counsel, entered a plea of "not guilty." Thereafter the RTC found the accused-appellant Edgar Bacalso guilty beyond reasonable doubt of the complex crime of double murder with frustrated murder.   The sentence of death having been imposed, the case has been elevated to this Court by way of automatic appeal. Issue: WON the testimonies of the witnesses are enough to establish the criminal liabil...

Facts: Aniceto Martin was found guilty of parricide for killing his wife, Laura Luiz, by strangling her with a rope inside the family toilet. He made a confession which he signed and swore to before the provisional fiscal. In this appeal the accused contends that the death of Laura was not due to the strangling, but to her heart disease, as stated in the testimony of Dr. De la Cuesta, resident Physician who performed the autopsy on the corpse of Laura. That the cause of death was heart failure due to fright or shock. Issue: WON Aniceto Martin can still be held liable for the death of his wife even when the findings of the autopsy stated that the cause of death was not by strangling but due to the victims heart disease. Ruling: It should be noted that the heart failure was due to the fright or shock caused by the strangling, and consequently, the defendant was responsible for the death, notwithstanding the fact that the victim was already sick. Had not the defendant stran...

Facts: Defendant, an unmarried woman gave birth to a child and a short time thereafter carried the infant a distance of 150 meters from the house and buried it. The body was disinterred and found to be that of a child born in perfect condition of health, but with an abrasion on both sides of the nose apparently caused by heavy external pressure. Issue: WON the acts of the accused are sufficient to sustain conviction for infanticide. Ruling: All the acts performed by the accused immediately after her confinement, reveal in a clear and unquestionable manner her decided intent to kill the newly born child in order to conceal her dishonor; and the signs of violence found on the body demonstrate that she actually effected her purpose. The aforesaid signs, together with the above mentioned conduct of the accused, constitute conclusive proof of her guilt as the author of the crime of infanticide herein prosecuted. The judgment appealed from is confirmed.